Is CCW constitutional

Discussion in 'Concealed Carrying & Personal Protection' started by clip11, Apr 21, 2010.

  1. clip11

    clip11 New Member

    178
    0
    0
    The second amendment gives individuals the right to bear arms. Therefore it is a right not a privilege, like say driving. So can government, according to the 2nd amendment, make laws that require citizens to have a permit to carry a concealed weapon and on top of that charge a high price for that license (some states charge as much as $100, which to some is a lot of money)?

    In my opinion, only convicted felons should have to have government license to carry concealed and those granted on a case by case basis. What is your opinions?
     
  2. NGIB

    NGIB New Member

    7,143
    1
    0
    In the purest sense, the 2nd Amendment grants the right to keep & bear arms. This being said, we are a nation that tries to legislate safety and morality - neither of which is necessarily needed or successful. Over half the voting population put an administration in office that wants to control nearly every aspect of our lives - so to these - regulation and control is good. Things are what they are and "we've" won many battles in recent years - and "we'll" continue to do so as long as we choose the battles carefully and build on each success.

    All this gun regulation did not happen overnight and we will not be rid of it overnight either. As to whether it's constitutional - I guess we'll have to wait for the Supreme Court to rule on this issue - and I doubt they're in a hurry to do so...
     
    Last edited: Apr 21, 2010

  3. CA357

    CA357 New Member Supporter

    19,847
    3
    0
    The Second Amendment should be the only "license or permit" required for a law abiding American to carry a firearm.

    Notice that I specified "law abiding". How that can be done without infringing on the 2A, I don't know.
     
  4. mpd8488

    mpd8488 New Member

    245
    0
    0
    Virginia's constitution is considered the protector of the right to open carry. Personally I find it offensive that I should have to go through a process at a court house, including fingerprints, simply because I want to put my jacket over my handgun rather than behind it.
     
  5. unknownhero82

    unknownhero82 New Member

    281
    0
    0
    personally to me it's not big deal doing the paper work and fingerprinting...i've got nothing to hide (no i'm not implying other people do) the part that gets me is the having to pay so much money...but on the other hand...criminals aren't gonna do paper work or anything...a criminal is gonna carry a gun and commit a crime regaurdless of the law or regulations
     
  6. clip11

    clip11 New Member

    178
    0
    0
    I second that. I believe if you can legally buy a handgun you should be able to carry it....open or concealed w/o a license.

    I think only convicted felons should have to get a ccw and those issued on a case by case basis. Say an ex-con owns a legitimate business and handles large amounts of cash, then he would have to apply for a ccw permit.
     
  7. unknownhero82

    unknownhero82 New Member

    281
    0
    0
    ok but honestly how many criminals are actually gonna follow the law? if they did they wouldn't be criminals to begin with...like i said a criminal is gonna get a gun and hide it regaurdless of the law...atleast that's the way i see it
     
  8. ZackB

    ZackB New Member

    14
    0
    0
    Well, as per clip11's example, not all people considered criminals want to commit crime. Maybe someone did something stupid when they were younger, then later in life, take up a job that requires them to handle large sums of money. Technically, they are a criminal, but they don't consequently want to commit further crime. All this assumes that I understood clip11 correctly.
     
  9. dunerunner

    dunerunner New Member

    8,411
    3
    0
    I agree with this!

     
  10. clip11

    clip11 New Member

    178
    0
    0
    Thats exactly what I mean.
     
  11. clip11

    clip11 New Member

    178
    0
    0
    And also like i pointed out, its funny that states charge a $100+ fee for a ccw license. i think alot of it has to do with money. It doesnt make sense if you can legally buy a pistol w/o a license but you need a license to carry it. It would make more logical sense if you needed a license to purchase but not carry, but it would still be wrong.

    I think alot of it has to do with $$$.
     
  12. 1919A4

    1919A4 New Member

    94
    0
    0
    Actually, in many states, the fee is based on the cost of processing your permit--paying the people who do the fingerprints, type up the forms, and run the records checks. If that's the case, I don't have a problem with it and no other real conservative should, either since the only alternative would be to put the cost on every other taxpayer. Why should the rest of us pay for your benefit?

    That said, I have to ask the purpose of this thread. It seems like you asked a question solely for the purpose of giving yourself an opportunity to rant at us all. Seriously, it is what it is, and all of the academic grumbling about what you or anyone else thinks is just that--mere academic grumbling.

    Not trying to beat up on you, but...if you're that serious about it, you might want to consider running for office or otherwise working in one of the two political parties to try to get real conservative elected. Ranting at us isn't going to get anything done.
     
  13. unknownhero82

    unknownhero82 New Member

    281
    0
    0
    ok i agree that not everyone that has commited a crime wants to continue being a criminal but that's just a small precentage of criminals but i understand what you;re sayin there and there's always special circumstances for things. but yeah it's all about money because i know around here in VA most places charge $50 for just the class and then here in chesapeake it's another $50 for the ccw, but like in suffolk it's only $5 for the ccw
     
  14. phoinixbird

    phoinixbird New Member

    33
    0
    0
    I think that the Second Amendment implies that we, American citizens, have the right to keep and bear arms (call me crazy). This to me means that everyone should be able to purchase and carry, as they see fit, a gun. The government doesn't need my fingerprints and they sure as hell don't need anymore of my hard earned money.
    There would be a lot less crime in America if everyone was aware that everyone else might be armed. And, it sure wouldn't be such a big deal if everyone was carrying if they wanted to. My state, Indiana, requires that you pay up to $125 to get a permit just to carry your handgun, concealed or open and there's no guarantee that the laws won't change and all that money will be for not.
    I disagree with the idea that a thread like this is just a chance for everyone to vent their problems with gun control. I believe that if people get together and start a discussion on something they can start a moment that can lead to change. You never know who's reading threads like these and who will do something with it in the court of law (i.e. The Tax Party). Keep up the discussions and fight for your rights!
     
  15. ScottA

    ScottA FAA licensed bugsmasher Lifetime Supporter

    7,141
    0
    0
    We may find out this summer what the Supreme Court thinks of this very question when they reveal the results of the Chicago case. If they rule similarly to their DC decision, it could turn a lot of CCW laws on their ears.
     
  16. opaww

    opaww New Member

    4,868
    0
    0
    The Hiller case was an attempt by the supreme courts to appease both sides of the gun issue.
     
  17. NGIB

    NGIB New Member

    7,143
    1
    0
    As I posted recently in another thread, the percentage of the population that wants to legally carry is small - around 6% of GA adults have permits. As GA is a shall issue state with no training requirement and relatively cheap prices - it shows how small a voice we are in the grand scheme of things. This shows why the Supreme Court treads lightly in this area - to a large percentage of the population this isn't an important issue. Funny how a lot of threads that invoke the constitution are started by folks with something on their records that prevents them from getting a permit...
     
    Last edited: Apr 22, 2010
  18. anm2_man

    anm2_man Member

    504
    2
    18
    Just to chime in - The great state of Arizona has always had "Open Carry". Its in the State constitution. But we didn't have CCW. A number of years ago a law was passed providing for CCW. You had to take a test spend 2 8 hour days in class, Finger printed etc. and then you could CCW except in bars and restaurants that served booze. The last items Bars etc, changed a couple of years ago, where you now can carry as long as you don't drink (if your stupid enough to carry and drink you really have a problem). But saving the best for last, 2 weeks ago the Governor signed a bill into law allowing anybody to CCW - no test - no nothing and rightfully so. If the state constitution has always allowed Open Carry, why charge somebody to CCW ?

    In 90 days after the Legislature adjourns, CCW by anybody will be legal (except for Felons) in the great state of Arizona.

    God I love this place been here for 36 years.
     
  19. LegatoRedrivers

    LegatoRedrivers New Member

    220
    0
    0
    This statement irritates me, anyway. There have been a number of court cases that have determined that due to "right to travel" and your right to your own property, suspending a person's driver's license (especially without going through the court system) is unconstitutional anyway.

    That didn't keep the BMV from suspending my license. The check to my car insurance company had fallen between the seats of my car; it had lapsed and I didn't know it. I got pulled over.

    Despite the fact I'd had insurance within DAYS of getting the ticket, and didn't know I wasn't covered at the time, I technically didn't have coverage the day I got pulled over, so I lost my license for 90 days.

    My job required me to have an active drivers license, so I lost my job. The unemployment agency screwed up (they said I had no reported income for the previous year) so it took 2 months before it even started coming in, and I hadn't found a new job by this point, so I also lost my apartment. Luckily, I owned my car, or I would have lost that, too.

    And it had nothing to do with the courts. I spoke with the county persecutor who said he wouldn't oppose having the whole incident stricken from the record, but the suspension was imposed by the BMV with no involvement from the court system, so there was nothing anyone could do. Lawyers advised me it would have easily taken the whole 90 days and hundreds of dollars to get a hardship license, so it wouldn't even be worth the trouble! :mad:

    Sorry, thread hijack. :(

    </rant>

    I live in Indiana, where all you have to do to get a CCW is apply and send in the cash (providing you have a clean record.) You can also opt for a "Lifetime Permit" for a bit extra. I think people should have to go through some type of firearms safety training, but to be honest, I think "Firearms Safety" should be a required class in High School. :p
     
    Last edited: Apr 25, 2010